Pushpanathan v. Canada (Minister of Citizenship and Immigration)
Court headnote
Pushpanathan v. Canada (Minister of Citizenship and Immigration) Collection Supreme Court Judgments Date 1998-09-17 Report [1998] 1 SCR 1222 Case number 25173 Judges L'Heureux-Dubé, Claire; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Major, John C.; Bastarache, Michel On appeal from Canada Subjects Action Notes SCC Case Information: 25173 Decision Content Pushpanathan v. Canada (Minister of Citizenship and Immigration), [1998] 1 S.C.R. 1222 Veluppillai Pushpanathan (Pushpanathan Veluppillai) Appellant v. The Minister of Citizenship and Immigration Respondent and The Canadian Council for Refugees Intervener Indexed as: Pushpanathan v. Canada (Minister of Citizenship and Immigration) File No.: 25173. 1998: September 17. Present: L’Heureux‑Dubé, Gonthier, Cory, McLachlin, Major and Bastarache JJ. rehearing Judgments and orders -- Rehearing -- Reasons for judgment and order amended. JUDGMENT A rehearing is ordered. The reasons of Bastarache J., in which judgment was rendered on June 4, 1998, [1998] 1 S.C.R. 982, are modified at para. 77 as follows: I would allow the appeal and return the matter to the Convention Refugee Determination Division for redetermination of the applicant’s refugee claim in a manner consistent with this decision. The respondent may choose to proceed with its powers under ss. 19 and 53 of the Immigration Act. The order of the Court is modified as follows: The appeal is allowed and the matter is returned to the Convention Refugee …
Full judgment (source text)
Mirrored from decisions.scc-csc.ca — the linked original is authoritative.
Pushpanathan v. Canada (Minister of Citizenship and Immigration) Collection Supreme Court Judgments Date 1998-09-17 Report [1998] 1 SCR 1222 Case number 25173 Judges L'Heureux-Dubé, Claire; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Major, John C.; Bastarache, Michel On appeal from Canada Subjects Action Notes SCC Case Information: 25173 Decision Content Pushpanathan v. Canada (Minister of Citizenship and Immigration), [1998] 1 S.C.R. 1222 Veluppillai Pushpanathan (Pushpanathan Veluppillai) Appellant v. The Minister of Citizenship and Immigration Respondent and The Canadian Council for Refugees Intervener Indexed as: Pushpanathan v. Canada (Minister of Citizenship and Immigration) File No.: 25173. 1998: September 17. Present: L’Heureux‑Dubé, Gonthier, Cory, McLachlin, Major and Bastarache JJ. rehearing Judgments and orders -- Rehearing -- Reasons for judgment and order amended. JUDGMENT A rehearing is ordered. The reasons of Bastarache J., in which judgment was rendered on June 4, 1998, [1998] 1 S.C.R. 982, are modified at para. 77 as follows: I would allow the appeal and return the matter to the Convention Refugee Determination Division for redetermination of the applicant’s refugee claim in a manner consistent with this decision. The respondent may choose to proceed with its powers under ss. 19 and 53 of the Immigration Act. The order of the Court is modified as follows: The appeal is allowed and the matter is returned to the Convention Refugee Determination Division for redetermination of the applicant’s refugee claim in a manner consistent with this decision. The respondent may choose to proceed with its powers under ss. 19 and 53 of the Immigration Act. Cory and Major JJ. are dissenting. Judgment accordingly. Solicitors for the appellant: Waldman & Associates, Toronto. Solicitor for the respondent: Justice Canada, Toronto. Solicitor for the intervener: David Matas, Winnipeg.
Source: decisions.scc-csc.ca
Démocratie en surveillance c. Canada (Procureur général)
2024 CAF 158